According to published reports, President Donald Trump may nominate former Boy Scouts attorney William M. McSwain to serve as U.S. Attorney for the Philadelphia region.
McSwain served as an attorney for the BSA Cradle of Liberty Council in 2010, when Cradle tried to remain headquartered in a city-owned building while excluding LGBT participants.
A federal jury rendered a split verdict, and the case was settled in 2013, with city officials paying Cradle $825,000 for improvements the club reportedly made to the building. In return, the Scouts vacated the premises, which they’d occupied for about 85 years.
Due to longstanding tradition, a president doesn’t nominate a U.S. Attorney unless both senators from the nominee’s home state support the nomination.
According to published reports, Sen. Bob Casey (D) and Sen. Pat Toomey (R) tentatively support McSwain’s nomination.
Press secretaries for both senators declined to comment for this story.
McSwain told federal jurors in the Cradle case that the Scouts had a right to exclude LGBT participants, even while headquartered in a city-owned building. McSwain took particular aim at LGBT advocate Arthur Kaplan, telling jurors that Kaplan tried to “destroy” Cradle by opposing the club’s rent-free occupancy of the building.
Supporters of Kaplan said he was simply trying to ensure that Cradle abided by city codes, which ban anti-LGBT bias inside city-owned buildings.
More recently, the national BSA enacted policies that appear to welcome LGBT participants. However, critics maintain the organization continues to be exclusionary in nature.
If nominated by Trump and confirmed by the U.S. Senate, McSwain would succeed Zane D. Memeger, who was nominated by then-President Obama in 2010.
Memeger resigned from his position in December, after Trump was elected.
McSwain, 48, currently works as an attorney in the Drinker Biddle law firm, based in Center City. He couldn’t be reached for comment.
Palma M. Rasmussen, an outspoken critic of the Scouts, questioned McSwain’s suitability to serve as a U.S. Attorney.
“A U.S. Attorney needs to understand the importance of civil rights, freedom and justice for all people — regardless of race, sex or LGBT status,” Rasmussen said. “Also, our Constitution guarantees the separation of church and state. In light of Mr. McSwain’s behavior during the Boy Scouts case, I question whether he understands and respects our Constitution. He appears to have forgotten the fabric of what makes this country great. And he’s obviously alienated an important segment of our population. That’s a problem. If he becomes a U.S. Attorney, I doubt he’ll understand who his bosses are. The people are his boss, not an elitist group of discriminators.”
Rasmussen said she doesn’t believe the Scouts no longer discriminate against LGBT individuals.
“Whatever lip service the Boy Scouts currently pay to equality, they have a rich history of discrimination,” she added. “The Scouts may want us to believe they’ve miraculously changed their ways. But I don’t buy it for a New York instant.”
Margaret A. Downey, president of the Freethought Society, echoed Rasmussen’s concerns.
“I would also like to know if Mr. McSwain is able to see the non-theist community as equal citizens since BSA is still denying us participation,” Downey said.
The White House Press Office didn’t reply to an email seeking comment for this story.